USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 193 - GENERAL PROVISIONS
As used in this title, unless the
context otherwise requires, the words and terms defined in NRS 193.011
to 193.0245 , inclusive, have the meanings ascribed to
them in those sections.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Boat” includes ships, steamers and
other structures adapted to navigation or movement from place to place by
water.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Bond” includes an undertaking.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Break,” when used in connection
with the crime of burglary, includes:
1. Breaking or violently detaching any part, internal or external,
of a building.
2. Opening, for the purpose of entering therein, any outer door of
a building or of any room, apartment or set of apartments therein
separately used and occupied, or any window, shutter, scuttle or other
thing used for covering or closing any opening thereto or therein, or
which gives passage from one part thereof to another.
3. Obtaining entrance into such building or apartment by any
threat or artifice, used for that purpose, or by collusion with any
person therein.
4. Entering such building, room or apartment by or through any
pipe, chimney or other opening, or by excavating or digging through or
under a building or the walls or foundation thereof.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Building” includes every house,
shed, boat, watercraft, railway car, tent or booth, whether completed or
not, suitable for affording shelter for any human being, or as a place
where any property is or will be kept for use, sale or deposit.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Corrupt” and
“corruptly” import a wrongful desire to acquire or cause some pecuniary
or other advantage to himself or another, by the person to whom
applicable.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Dwelling house” includes
every building or structure which has been usually occupied by a person
lodging therein at night, and whenever it is so constructed as to consist
of two or more parts or rooms occupied or intended to be occupied,
whether permanently or temporarily, by different tenants separately by
usually lodging therein at night, or for any other separate purpose, each
part shall be deemed a separate dwelling house of the tenant occupying it.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Enter,” when constituting an
element or part of a crime, includes the entrance of the offender, or the
insertion of any part of his body, or of any instrument or weapon held in
his hand and used or intended to be used to threaten or intimidate a
person, or to detach or remove property.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Indicted” and “indictment” include “informed
against” and “information”; and “informed against” and “information”
include “indicted” and “indictment.”
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Judge” includes every judicial
officer authorized, alone or with others, to hold or preside over a court
of record.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Jurors” include a talesman, and
extend to jurors in all courts, whether of record or not.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Knowingly” imports a knowledge
that the facts exist which constitute the act or omission of a crime, and
does not require knowledge of its unlawfulness. Knowledge of any
particular fact may be inferred from the knowledge of such other facts as
should put an ordinarily prudent person upon inquiry.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510; 1997, 1600)
“Malice” and
“maliciously” import an evil intent, wish or design to vex, annoy or
injure another person. Malice may be inferred from an act done in willful
disregard of the rights of another, or an act wrongfully done without
just cause or excuse, or an act or omission of duty betraying a willful
disregard of social duty.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Neglect,” “negligence,” “negligent” and “negligently” import a
want of such attention to the nature or probable consequences of an act
or omission as an ordinarily prudent person usually exercises in his own
business.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510; 1997, 1600)
“Nighttime” includes the period
between sunset and sunrise.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Officer” and
“public officer” include all officers, members and employees of:
1. The State of Nevada;
2. Any political subdivision of this State;
3. Any other special district, public corporation or quasi-public
corporation of this State; and
4. Any agency, board or commission established by this State or
any of its political subdivisions,
Ê and all persons exercising or assuming to exercise any of the powers or
functions of a public officer.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Owner” of any property includes
any person who has a general or special property in the whole or any part
thereof, or lawful possession thereof, either actual or constructive.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Person” includes this State or
any other state, government or country which may lawfully own property
within this State whenever it is used to designate a party whose property
may be the subject of an offense.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS 973, 355; 1983,
815; 1985, 510)
“Personal property”
includes dogs and all domestic animals and birds, water, gas and
electricity, all kinds or descriptions of money, chattels and effects,
all instruments or writings completed and ready to be delivered or issued
by the maker, whether actually delivered or issued or not, by which any
claim, privilege, right, obligation or authority, or any right or title
to property, real or personal, is or purports to be, or upon the
happening of some future event may be evidenced, created, acknowledged,
transferred, increased, diminished, encumbered, defeated, discharged or
affected, and every right and interest therein.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Prison” means any place
designated by law for the keeping of persons held in custody under
process of law, or under lawful arrest.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Prisoner” includes any person
held in custody under process of law, or under lawful arrest.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Property” includes both real
and personal property.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Railway” or
“railroad” includes all railways, railroads and street railways, whether
operated by steam, electricity or any other motive power.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Real property” includes
every estate, interest and right in lands, tenements and hereditaments,
corporeal or incorporeal.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Signature” includes any
memorandum, mark or sign made with intent to authenticate any instrument
or writing, or the subscription of any person thereto.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
“Writing” includes printing.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983,
815; 1985, 510)
Every provision
of this title shall be construed according to the fair import of its
terms.
[1911 C&P § 30; RL § 6295; NCL § 9979]
Whenever an intent to defraud:
1. Shall be made an element of an offense, it shall be sufficient
if an intent appears to defraud any person, association or body politic
or corporation, whatever.
2. Constitutes a part of a crime, it is not necessary to aver or
prove an intent to defraud any particular person.
[Part 1911 C&P § 29; RL § 6294; NCL § 9978] + [1911 C&P § 41; RL §
6306; NCL § 9990]
Wherever it is provided
in any section of this title that a repeated conviction constitutes an
element of an offense or aggravates an offense and affects the
determination of penalty, it is immaterial whether such former conviction
was obtained in Nevada or elsewhere.
(Added to NRS by 1967, 459)
1. No conduct constitutes a crime unless prohibited by some
statute of this State or by some ordinance or like enactment of a
political subdivision of this State.
2. An act which is declared to be unlawful by any statute,
ordinance or like enactment is prohibited within the meaning of this
section and of NRS 193.170 .
3. The provisions of the common law relating to the definition of
public offenses apply to any public offense which is so prohibited but is
not defined, or which is so prohibited but is incompletely defined.
4. This section does not affect the power of a court to punish for
contempt or to employ any sanction authorized by law for the enforcement
of an order or a civil judgment or decree.
[1911 C&P § 35; RL § 6300; NCL § 9984]—(NRS A 1967, 458)
The provisions of this title, insofar as they are substantially the same
as existing statutes, shall be construed as continuations thereof and not
as new enactments.
[1911 C&P § 36; RL § 6301; NCL § 9985]
Nothing
contained in any provision of this title shall apply to an offense
committed or act done at any time before the day when this title shall
take effect. Such an offense shall be punished according to, and such act
shall be governed by, the provisions of law existing when it is done or
committed, in the same manner as if this title had not been passed.
[1911 C&P § 31; RL § 6296; NCL § 9980]
1. Any repeal, express or implied, of any statute shall not
release or extinguish any penalty, forfeiture or liability incurred under
such statute, unless the repealing act expressly so provides.
2. The repeal of any law creating a criminal offense does not
constitute a bar to the indictment or information and punishment of an
act already committed in violation of the law so repealed, unless the
intention to bar the indictment and information and punishment is
expressly declared in the repealing statute.
(Added to NRS by 1971, 144)
Nothing in this
title shall be deemed to affect any civil right or remedy existing at the
time when it shall take effect by virtue of the common law or of the
provision of any statute.
[1911 C&P § 32; RL § 6297; NCL § 9981]
The omission to specify or
affirm in this title any liability to any damages, penalty, forfeiture or
other remedy imposed by law, and allowed to be recovered or enforced in
any civil action or proceeding, for any act or omission declared
punishable in this title, shall not affect any right to recover or
enforce the same.
[1911 C&P § 37; RL § 6302; NCL § 9986]
The omission to specify or affirm in this title any ground of
forfeiture of a public office, or other trust or special authority
conferred by law, or any power conferred by law to impeach, remove,
depose or suspend any public officer or other person holding any trust,
appointment or other special authority conferred by law, shall not affect
such forfeiture or power, or any proceeding authorized by law to carry
into effect such impeachment, removal, deposition or suspension.
[1911 C&P § 33; RL § 6298; NCL § 9982]
1. If, during the course of his employment, an employee of the
State or of any political subdivision of the State is convicted on or
after October 1, 1989, of violating any federal or state law prohibiting
the sale of any controlled substance, the employer upon discovery of the
conviction shall terminate the employment of the employee.
2. If, during the course of his tenure in office, an officer of
any county, city or township of the State is convicted on or after
October 1, 1989, of violating any federal or state law prohibiting the
sale of any controlled substance, the court as part of the penalty for
such a conviction shall remove the officer from his office.
3. If, during the course of his tenure in office, an elected or
appointed officer of the State is convicted on or after October 1, 1989,
of violating any federal or state law prohibiting the sale of any
controlled substance, the prosecuting officer who obtained the conviction
shall file a certified copy of the judgment roll with the Secretary of
State. The Secretary of State shall lay the certified copy of the
judgment roll before the Assembly at its next session for the preparation
of articles of impeachment.
4. This section does not apply to a justice or judge of the court
system.
(Added to NRS by 1989, 186)
This title does not affect any power conferred by
law upon any court-martial, or other military authority, or officer, to
impose or inflict punishment upon offenders; nor any power conferred by
law upon any public body, tribunal or officer, to impose or inflict
punishment for a contempt.
[1911 C&P § 34; RL § 6299; NCL § 9983]
1. A crime is an act or omission forbidden by law and punishable
upon conviction by death, imprisonment, fine or other penal discipline.
2. Every crime which may be punished by death or by imprisonment
in the state prison is a felony.
3. Every crime punishable by a fine of not more than $1,000, or by
imprisonment in a county jail for not more than 6 months, is a
misdemeanor.
4. Every other crime is a gross misdemeanor.
[1911 C&P § 1; RL § 6266; NCL § 9950]—(NRS A 1981, 651)
1. Except when a person is convicted of a category A felony, and
except as otherwise provided by specific statute, a person convicted of a
felony shall be sentenced to a minimum term and a maximum term of
imprisonment which must be within the limits prescribed by the applicable
statute, unless the statute in force at the time of commission of the
felony prescribed a different penalty. The minimum term of imprisonment
that may be imposed must not exceed 40 percent of the maximum term
imposed.
2. Except as otherwise provided by specific statute, for each
felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death
or imprisonment in the state prison for life with or without the
possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of
imprisonment in the state prison that may be imposed is not less than 1
year and the maximum term of imprisonment that may be imposed is not more
than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall
sentence a convicted person to imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
5 years. In addition to any other penalty, the court may impose a fine of
not more than $10,000, unless a greater fine is authorized or required by
statute.
(d) A category D felony is a felony for which a court shall
sentence a convicted person to imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
4 years. In addition to any other penalty, the court may impose a fine of
not more than $5,000, unless a greater fine is authorized or required by
statute.
(e) A category E felony is a felony for which a court shall
sentence a convicted person to imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
4 years. Except as otherwise provided in paragraph (b) of subsection 1 of
NRS 176A.100 , upon sentencing a
person who is found guilty of a category E felony, the court shall
suspend the execution of the sentence and grant probation to the person
upon such conditions as the court deems appropriate. Such conditions of
probation may include, but are not limited to, requiring the person to
serve a term of confinement of not more than 1 year in the county jail.
In addition to any other penalty, the court may impose a fine of not more
than $5,000, unless a greater penalty is authorized or required by
statute.
[1911 C&P § 18; RL § 6283; NCL § 9967]—(NRS A 1967, 458; 1995,
1167; 1997, 1177; 1999, 1186 )
Every person
convicted of a gross misdemeanor shall be punished by imprisonment in the
county jail for not more than 1 year, or by a fine of not more than
$2,000, or by both fine and imprisonment, unless the statute in force at
the time of commission of such gross misdemeanor prescribed a different
penalty.
[1911 C&P § 19; RL § 6284; NCL § 9968]—(NRS A 1967, 459; 1981, 652)
1. Every person convicted of a misdemeanor shall be punished by
imprisonment in the county jail for not more than 6 months, or by a fine
of not more than $1,000, or by both fine and imprisonment, unless the
statute in force at the time of commission of such misdemeanor prescribed
a different penalty.
2. In lieu of all or a part of the punishment which may be imposed
pursuant to subsection 1, the convicted person may be sentenced to
perform a fixed period of community service pursuant to the conditions
prescribed in NRS 176.087 .
[1911 C&P § 20; RL § 6285; NCL § 9969]—(NRS A 1967, 459; 1981, 487,
652; 1991, 1931; 2001 Special Session, 136 )
Every person who is
guilty of a public offense proportionate to the value of the property
affected or the loss resulting from the offense shall be punished as
follows:
1. Where the value of the loss is $5,000 or more or where the
damage results in impairment of public communication, transportation or
police and fire protection, for a category C felony as provided in NRS
193.130 .
2. Where the value of the loss is $250 or more but less than
$5,000, for a gross misdemeanor.
3. Where the value of the loss is $25 or more but less than $250,
for a misdemeanor.
4. Where the value of the loss is less than $25, by a fine of not
more than $500.
(Added to NRS by 1967, 459; A 1995, 1168)
In all cases where a corporation is convicted of an offense
for the commission of which a natural person would be punishable as for a
misdemeanor, and there is no other punishment prescribed by law, the
corporation is punishable by a fine not exceeding $1,000.
[1911 C&P § 21; RL § 6286; NCL § 9970]—(NRS A 1981, 652)
1. Any person who commits a gross misdemeanor on the property of a
public or private school, at an activity sponsored by a public or private
school, or on a school bus or at a bus stop used to load and unload a
school bus while the bus is engaged in its official duties:
(a) Shall be punished by imprisonment in the county jail for not
fewer than 15 days but not more than 1 year; and
(b) In addition to imprisonment, may be punished by a fine of not
more than $2,000.
2. For the purposes of this section, “school bus” has the meaning
ascribed to it in NRS 483.160 .
(Added to NRS by 1997, 1281)
1. Except as otherwise provided in subsection 2 and NRS 193.169
, any person who commits a felony on the
property of a public or private school, at an activity sponsored by a
public or private school or on a school bus while the bus is engaged in
its official duties shall be punished by imprisonment in the state prison
for a term equal to and in addition to the term of imprisonment
prescribed by statute for the crime. The sentence prescribed by this
section must run consecutively with the sentence prescribed by statute
for the crime.
2. Unless a greater penalty is provided by specific statute and
except as otherwise provided in NRS 193.169 , in lieu of an additional term of imprisonment
as provided pursuant to subsection 1, if a felony that resulted in death
or substantial bodily harm to the victim was committed on the property of
a public or private school when pupils or employees of the school were
present or may have been present, at an activity sponsored by a public or
private school or on a school bus while the bus was engaged in its
official duties, and the person who committed the felony intended to
create a great risk of death or substantial bodily harm to more than one
person by means of a weapon, device or course of action that would
normally be hazardous to the lives of more than one person, the felony
may be deemed a category A felony and the person who committed the felony
may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole
beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an
additional penalty for the primary offense, the imposition of which is
contingent upon the finding of the prescribed fact. Subsection 2 does not
create a separate offense but provides an alternative penalty for the
primary offense, the imposition of which is contingent upon the finding
of the prescribed fact.
4. For the purposes of this section, “school bus” has the meaning
ascribed to it in NRS 483.160 .
(Added to NRS by 1989, 2065; A 1991, 1058; 1995, 1424; 1999, 1334
)
1. Except as otherwise provided in NRS 193.169 and 454.306 , an adult who, with the assistance of a child:
(a) Commits a crime that is punishable as a category A or a
category B felony shall be punished by imprisonment in the state prison
for an additional term equal to the term of imprisonment prescribed by
statute for the crime.
(b) Commits any felony other than a category A or a category B
felony shall be punished by imprisonment in the state prison for an
additional term not less than 25 percent and not more than 100 percent of
the term of imprisonment prescribed by statute for the crime.
Ê An additional sentence prescribed by this section runs consecutively
with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an
additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
3. As used in this section:
(a) “Adult” means a person who is 18 years of age or older.
(b) “Child” means a person who is less than 18 years of age.
(Added to NRS by 1997, 260)
1. Except as otherwise provided in NRS 193.169 , any person who uses a handgun containing a
metal-penetrating bullet in the commission of a crime shall be punished
by imprisonment in the state prison for a term equal to and in addition
to the term of imprisonment prescribed by statute for the crime. The
sentence prescribed by this section runs consecutively with the sentence
prescribed by statute for the crime.
2. This section does not create a separate offense but provides an
additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
3. As used in this section, “metal-penetrating bullet” has the
meaning ascribed to it in NRS 202.273 .
(Added to NRS by 1983, 800; A 1991, 1059)
1. Except as otherwise provided in NRS 193.169 , any person who uses a firearm or other deadly
weapon or a weapon containing or capable of emitting tear gas, whether or
not its possession is permitted by NRS 202.375 , in the commission of a crime shall be
punished by imprisonment in the state prison for a term equal to and in
addition to the term of imprisonment prescribed by statute for the crime.
The sentence prescribed by this section runs consecutively with the
sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides
an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
3. The provisions of subsections 1 and 2 do not apply where the
use of a firearm, other deadly weapon or tear gas is a necessary element
of such crime.
4. The court shall not grant probation to or suspend the sentence
of any person who is convicted of using a firearm, other deadly weapon or
tear gas in the commission of any of the following crimes:
(a) Murder;
(b) Kidnapping in the first degree;
(c) Sexual assault; or
(d) Robbery.
5. As used in this section, “deadly weapon” means:
(a) Any instrument which, if used in the ordinary manner
contemplated by its design and construction, will or is likely to cause
substantial bodily harm or death;
(b) Any weapon, device, instrument, material or substance which,
under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing substantial bodily
harm or death; or
(c) A dangerous or deadly weapon specifically described in NRS
202.255 , 202.265 , 202.290 ,
202.320 or 202.350 .
(Added to NRS by 1973, 1593; A 1975, 720; 1979, 225; 1981, 2050;
1991, 1059; 1995, 1431)
1. Except as otherwise provided in NRS 193.169 , a person who commits a crime that is
punishable as a felony, other than a crime that is punishable as a felony
pursuant to subsection 5 of NRS 200.591 , in violation of:
(a) A temporary or extended order for protection against domestic
violence issued pursuant to NRS 33.020 ;
(b) An order for protection against harassment in the workplace
issued pursuant to NRS 33.270 ;
(c) A temporary or extended order for the protection of a child
issued pursuant to NRS 33.400 ;
(d) An order for protection against domestic violence issued in an
action or proceeding brought pursuant to title 11 of NRS; or
(e) A temporary or extended order issued pursuant to NRS 200.591
,
Ê shall be punished by imprisonment in the state prison, except as
otherwise provided in this subsection, for a term equal to and in
addition to the term of imprisonment prescribed by statute for that
crime. If the crime committed by the person is punishable as a category A
felony or category B felony, in addition to the term of imprisonment
prescribed by statute for that crime, the person shall be punished by
imprisonment in the state prison for a minimum term of not less than 1
year and a maximum term of not more than 5 years. The sentence prescribed
by this section runs concurrently or consecutively with the sentence
prescribed by statute for the crime, as ordered by the court.
2. The court shall not grant probation to or suspend the sentence
of any person convicted of attempted murder, battery which involves the
use of a deadly weapon, or battery which results in substantial bodily
harm if an additional term of imprisonment may be imposed for that
primary offense pursuant to this section.
3. This section does not create a separate offense but provides an
additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
(Added to NRS by 2003, 1514 ; A 2005, 953 )
1. Except as otherwise provided in NRS 193.169 , any person who commits the crime of:
(a) Murder;
(b) Attempted murder;
(c) Assault;
(d) Battery;
(e) Kidnapping;
(f) Robbery;
(g) Sexual assault;
(h) Embezzlement of money or property of a value of $250 or more;
(i) Obtaining money or property of a value of $250 or more by false
pretenses; or
(j) Taking money or property from the person of another,
Ê against any person who is 60 years of age or older or against a
vulnerable person shall be punished by imprisonment in the county jail or
state prison, whichever applies, for a term equal to and in addition to
the term of imprisonment prescribed by statute for the crime. The
sentence prescribed by this subsection must run consecutively with the
sentence prescribed by statute for the crime.
2. Except as otherwise provided in NRS 193.169 , any person who commits a criminal violation
of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or
older or against a vulnerable person shall be punished by imprisonment in
the county jail or state prison, whichever applies, for a term equal to
and in addition to the term of imprisonment prescribed by statute for the
criminal violation. The sentence prescribed by this subsection must run
consecutively with the sentence prescribed by statute for the criminal
violation.
3. This section does not create any separate offense but provides
an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
4. As used in this section, “vulnerable person” has the meaning
ascribed to it in subsection 7 of NRS 200.5092 .
(Added to NRS by 1979, 831; A 1989, 1850; 1991, 1059; 1993, 1;
1999, 42 ; 2003, 2566 ; 2005, 1106 )
1. Except as otherwise provided in NRS 193.169 , any person who willfully violates any
provision of NRS 200.280 , 200.310
, 200.366 , 200.380 ,
200.400 , 200.460 to 200.465 ,
inclusive, paragraph (b) of subsection 2 of NRS 200.471 , NRS 200.508 , 200.5099
or subsection 2 of NRS 200.575 because
the actual or perceived race, color, religion, national origin, physical
or mental disability or sexual orientation of the victim was different
from that characteristic of the perpetrator may be punished by
imprisonment in the state prison for an additional term not to exceed 25
percent of the term of imprisonment prescribed by statute for the crime.
2. This section does not create a separate offense but provides an
additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
(Added to NRS by 1995, 2704; A 1997, 59, 1347; 2001, 664 ; 2005, 87 )
1. Except as otherwise provided in NRS 193.169 , any person who is convicted of a felony
committed knowingly for the benefit of, at the direction of, or in
affiliation with, a criminal gang, with the specific intent to promote,
further or assist the activities of the criminal gang, shall be punished
by imprisonment in the state prison for a term equal to and in addition
to the term of imprisonment prescribed by the statute for the crime. The
sentence prescribed by this section must run consecutively with the
sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides
an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.
3. The court shall not impose an additional penalty pursuant to
this section unless:
(a) The indictment or information charging the defendant with the
primary offense alleges that the primary offense was committed knowingly
for the benefit of, at the direction of, or in affiliation with, a
criminal gang, with the specific intent to promote, further or assist the
activities of the criminal gang; and
(b) The trier of fact finds that allegation to be true beyond a
reasonable doubt.
4. Except as otherwise provided in this subsection, the court
shall not grant probation to or suspend the sentence of any person
convicted of a felony committed for the benefit of, at the direction of,
or in affiliation with a criminal gang if an additional term of
imprisonment may be imposed for that primary offense pursuant to this
section. The court may, upon the receipt of an appropriate motion, reduce
or suspend the sentence imposed for the primary offense if it finds that
the defendant rendered substantial assistance in the arrest or conviction
of any other principals, accomplices, accessories or coconspirators to
the crime, or of any other persons involved in the commission of a felony
which was committed for the benefit of, at the direction of, or in
affiliation with a criminal gang. The agency which arrested the defendant
must be given an opportunity to support or oppose such a motion before it
is granted or denied. If good cause is shown, the motion may be heard in
camera.
5. In any proceeding to determine whether an additional penalty
may be imposed pursuant to this section, expert testimony is admissible
to show particular conduct, status and customs indicative of criminal
gangs, including, but not limited to:
(a) Characteristics of persons who are members of criminal gangs;
(b) Specific rivalries between criminal gangs;
(c) Common practices and operations of criminal gangs and the
members of those gangs;
(d) Social customs and behavior of members of criminal gangs;
(e) Terminology used by members of criminal gangs;
(f) Codes of conduct, including criminal conduct, of particular
criminal gangs; and
(g) The types of crimes that are likely to be committed by a
particular criminal gang or by criminal gangs in general.
6. As used in this section, “criminal gang” means any combination
of persons, organized formally or informally, so constructed that the
organization will continue its operation even if individual members enter
or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal
activity punishable as a felony, other than the conduct which constitutes
the primary offense.
(Added to NRS by 1991, 1057)
1. Except as otherwise provided in this section and NRS 193.169
, any person who commits a felony with
the intent to commit, cause, aid, further or conceal an act of terrorism
shall be punished by imprisonment in the state prison for a term equal to
and in addition to the term of imprisonment prescribed by statute for the
crime. The sentence prescribed by this section must run consecutively
with the sentence prescribed by statute for the crime.
2. Unless a greater penalty is provided by specific statute and
except as otherwise provided in NRS 193.169 , in lieu of an additional term of imprisonment
as provided pursuant to subsection 1, if a felony that resulted in death
or substantial bodily harm to the victim was committed with the intent to
commit, cause, aid, further or conceal an act of terrorism, the felony
may be deemed a category A felony and the person who committed the felony
may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole
beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an
additional penalty for the primary offense, the imposition of which is
contingent upon the finding of the prescribed fact. Subsection 2 does not
create a separate offense but provides an alternative penalty for the
primary offense, the imposition of which is contingent upon the finding
of the prescribed fact.
4. The provisions of this section do not apply to an offense
committed in violation of NRS 202.445 .
5. As used in this section, “act of terrorism” has the meaning
ascribed to it in NRS 202.4415 .
(Added to NRS by 2003, 2943 )
1. A person who is sentenced to an additional term of imprisonment
pursuant to the provisions of subsection 1 of NRS 193.161 , NRS 193.162 , 193.163 ,
193.165 , 193.166 , 193.167 ,
193.1675 , 193.168 , subsection 1 of NRS 193.1685 , NRS 453.3335 , 453.3345 , 453.3351 or subsection 1 of NRS 453.3353 must not be sentenced to an additional term of imprisonment
pursuant to any of the other listed sections even if the person’s conduct
satisfies the requirements for imposing an additional term of
imprisonment pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of
imprisonment pursuant to subsection 2 of NRS 193.161 , subsection 2 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment
pursuant to subsection 1 of NRS 193.161 , NRS 193.162 , 193.163 ,
193.165 , 193.166 , 193.167 ,
193.1675 , 193.168 , 453.3335 , 453.3345 or 453.3351 even if the person’s conduct satisfies the requirements for
imposing an additional term of imprisonment pursuant to another one or
more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or
suspension of a sentence contained in the sections listed in subsection 1
or 2.
(b) Prohibit alleging in the alternative in the indictment or
information that the person’s conduct satisfies the requirements of more
than one of the sections listed in subsection 1 or 2 and introducing
evidence to prove the alternative allegations.
(Added to NRS by 1991, 1058; A 1995, 2704; 1997, 260; 1999, 1335
; 2003, 339 , 871 , 1515 , 2944 ; 2005, 946 )
Whenever the performance of any act is prohibited by any statute, and no
penalty for the violation of such statute is imposed, the committing of
such act shall be a misdemeanor.
[1911 C&P § 23; RL § 6288; NCL § 9972]
In every crime or public offense there must exist a union, or
joint operation of act and intention, or criminal negligence.
[1911 C&P § 6; RL § 6271; NCL § 9955]
Intention is manifested by
the circumstances connected with the perpetration of the offense, and the
sound mind and discretion of the person accused.
[1911 C&P § 7; RL § 6272; NCL § 9956]
A person
is of sound mind who is not affected with insanity and who has arrived at
the age of 14 years, or before that age if he knew the distinction
between good and evil.
[1911 C&P § 4; RL § 6269; NCL § 9953]—(NRS A 1995, 2466; 2001
Special Session, 136 ; 2003, 1480 )
No act
committed by a person while in a state of voluntary intoxication shall be
deemed less criminal by reason of his condition, but whenever the actual
existence of any particular purpose, motive or intent is a necessary
element to constitute a particular species or degree of crime, the fact
of his intoxication may be taken into consideration in determining the
purpose, motive or intent.
[1911 C&P § 17; RL § 6282; NCL § 9966]—(NRS A 1995, 2466; 2003,
1480 )
Lawful resistance to the commission of a public offense may be
made:
1. By the party about to be injured.
2. By other parties.
(Added to NRS by 1967, 1469)
Resistance
sufficient to prevent the offense may be made by the party about to be
injured:
1. To prevent an offense against his person, or his family or some
member thereof.
2. To prevent an illegal attempt, by force, to take or injure
property in his lawful possession.
(Added to NRS by 1967, 1469)
Any other person, in aid
or defense of a person about to be injured, may make resistance
sufficient to prevent the offense.
(Added to NRS by 1967, 1469)
Whenever the officers of justice are authorized to act in the prevention
of public offenses, other persons, who by their command act in their aid,
are justified in so doing.
(Added to NRS by 1967, 1469)
An act or omission
punishable as a crime in this state is not less so because it is also
punishable under the laws of another state, government or country, unless
the contrary is expressly declared in the law relating thereto.
[1911 C&P § 39; RL § 6304; NCL § 9988]—(Substituted in revision for
NRS 208.010)
Whenever, upon the trial of any person for a crime, it appears that the
offense was committed in another state or country, under such
circumstances that the courts of this state had jurisdiction thereof, and
that the defendant has already been acquitted or convicted upon the
merits, upon a criminal prosecution under the laws of such state or
country, founded upon the act or omission with respect to which he is
upon trial, such former acquittal or conviction is a sufficient defense.
[1911 C&P § 14; RL § 6279; NCL § 9963]—(Substituted in revision for
NRS 208.020)
Whenever, upon the trial of any person for a crime, it shall
appear that the defendant has already been acquitted or convicted upon
the merits, of the same crime, in a court having jurisdiction of such
offense in another county of this state, such former acquittal or
conviction is a sufficient defense.
[1911 C&P § 15; RL § 6280; NCL § 9964]—(Substituted in revision for
NRS 208.030)
A criminal act which at the
same time constitutes contempt of court, and has been punished as such,
may also be punished as a crime, but in such case the punishment for
contempt may be considered in mitigation.
[1911 C&P § 40; RL § 6305; NCL § 9989]—(Substituted in revision for
NRS 208.040)
Whenever any statute makes the sending of a letter criminal, the offense
shall be deemed complete from the time it is deposited in any post office
or other place, or delivered to any person with intent that it shall be
forwarded; and the sender may be proceeded against in the county wherein
it was so deposited or delivered, or in which it was received by the
person to whom it was addressed.
[1911 C&P § 42; RL § 6307; NCL § 9991]—(Substituted in revision for
NRS 208.050)
No
person shall be punished for an omission to perform an act when such act
has been performed by another acting in his behalf and competent to
perform it.
[1911 C&P § 16; RL § 6281; NCL § 9965]—(Substituted in revision for
NRS 208.060)
1. An act done with the intent to commit a crime, and tending but
failing to accomplish it, is an attempt to commit that crime. A person
who attempts to commit a crime, unless a different penalty is prescribed
by statute, shall be punished as follows:
(a) If the person is convicted of:
(1) Attempt to commit a category A felony, for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years.
(2) Attempt to commit a category B felony for which the
maximum term of imprisonment authorized by statute is greater than 10
years, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
10 years.
(3) Attempt to commit a category B felony for which the
maximum term of imprisonment authorized by statute is 10 years or less,
for a category C felony as provided in NRS 193.130 .
(4) Attempt to commit a category C felony, for a category D
felony as provided in NRS 193.130 , or
for a gross misdemeanor by imprisonment in the county jail for not more
than 1 year, or by a fine of not more than $2,000, or by both fine and
imprisonment.
(5) Attempt to commit a category D felony, for a category E
felony as provided in NRS 193.130 , or
for a gross misdemeanor by imprisonment in the county jail for not more
than 1 year, or by a fine of not more than $2,000, or by both fine and
imprisonment.
(6) Attempt to commit a category E felony, for a category E
felony as provided in NRS 193.130 , or
for a gross misdemeanor by imprisonment in the county jail for not more
than 1 year, or by a fine of not more than $2,000, or by both fine and
imprisonment.
(b) If the person is convicted of attempt to commit a misdemeanor,
a gross misdemeanor or a felony for which a category is not designated by
statute, by imprisonment for not more than one-half the longest term
authorized by statute, or by a fine of not more than one-half the largest
sum, prescribed upon conviction for the commission of the offense
attempted, or by both fine and imprisonment.
2. Nothing in this section protects a person who, in an
unsuccessful attempt to commit one crime, does commit another and
different one, from the punishment prescribed for the crime actually
committed. A person may be convicted of an attempt to commit a crime,
although it appears on the trial that the crime was consummated, unless
the court in its discretion discharges the jury and directs the defendant
to be tried for the crime itself.
[1911 C&P § 26; RL § 6291; NCL § 9975]—(NRS A 1981, 158; 1995,
1168; 1997, 1178)
1. A provider of Internet service who violates the provisions of
18 U.S.C. § 2703 is guilty of a misdemeanor and shall be punished by a
fine of not less than $50 or more than $500 for each violation.
2. In investigating criminal activity that involves or may involve
the use of a computer, the Attorney General, a district attorney, the
sheriff of any county in this State, the head of any organized police
department of any municipality in this State, the head of any department
of this State engaged in the enforcement of any criminal law of this
State and any sheriff or chief of police of a municipality may, if there
is reasonable cause to believe that an individual subscriber or customer
of a provider of Internet service has committed an offense through the
use of the services of the provider of Internet service, issue a subpoena
to carry out the procedure set forth in 18 U.S.C. § 2703 to compel the
provider of Internet service to provide information concerning the
individual subscriber or customer that the provider of Internet service
is required to disclose pursuant to 18 U.S.C. § 2703.
3. If a person who has been issued a subpoena pursuant to
subsection 2 charges a fee for providing the information, the fee must
not exceed the actual cost for providing the information.
4. If a person who has been issued a subpoena pursuant to
subsection 2 refuses to produce any information that the subpoena
requires, the person who issued the subpoena may apply to the district
court for the judicial district in which the investigation is being
carried out for the enforcement of the subpoena in the manner provided by
law for the enforcement of a subpoena in a civil action.
5. As used in this section, “provider of Internet service” has the
meaning ascribed to it in NRS 205.4758 , but does not include a public library when
it is engaged in providing access to the Internet.
(Added to NRS by 2001, 2784 ; A 2003, 429 )
